Heard learned advocate Mr.R.C.Kakkad, for the applicant and Mr.H.L.Jani, learned APP for the respondent - State.
Mr.Kakkad has contended that the judgment and order under challenged is pronounced by the learned Additional Sessions Judge, Fast Track Court No.3, Khambhaliya on 19.3.2011, the applicant was unaware about the proceedings of an application Ex.11 and order passed below, recently the applicant - original accused No.2 came to know that respondent Nos.3 to 5 filed an application for joint trial of two different incident therefore applicant applied for certified copy of the judgment and order on 4.10.2011 and the same was ready for delivery on 2.11.2011 and it was delivered on 2.11.2011. Hence, there is delay in filing appeal.
Having heard learned advocates for the parties, the Court is of the view that the applicant has fully explained the delay and shown sufficient cause for the delay. Hence, the delay caused in filing appeal is condoned. This application is allowed. Rule made absolute.
(Z.
K. SAIYED, J) kks Top